United States v. Tyson

• Decision Date: 24 June 2022
• Docket Number: Criminal Action 1:19-CR-103-TCB-JEM
• Parties: UNITED STATES OF AMERICA, v. SHAWN TYSON (1) NATASHA NATILE FRANCE 2, Defendants.
• Court: U.S. District Court — Northern District of Georgia

UNITED STATES OF AMERICA,
v.
SHAWN TYSON (1) NATASHA NATILE FRANCE 2, Defendants.

Criminal Action No. 1:19-CR-103-TCB-JEM

United States District Court, N.D. Georgia, Atlanta Division

June 24, 2022

UNITED STATES MAGISTRATE JUDGE'S NON-FINAL REPORT AND RECOMMENDATION

J. ELIZABETH MCBATH UNITED STATES MAGISTRATE JUDGE

This criminal case is before the Court on Defendant Shawn Tyson's four motions: a motion to dismiss Counts Ten, Twelve, and Fourteen, (doc. 251); a motion to sever Count Fifteen, (doc. 253); a motion to suppress evidence, (doc. 252); and an adopted motion to suppress evidence filed by Defendant Natasha France, (doc. 285). Also before the Court is Defendant Natasha France's motion to dismiss Counts Ten and Twelve, (doc. 266). For the reasons that follow, I RECOMMEND that each of Tyson's four motions be DENIED. I FURTHER RECOMMEND that France's motion be DENIED.

PROCEDURAL BACKGROUND

On March 19, 2019, a federal grand jury sitting in the Northern District of Georgia returned a 15-count indictment charging Tyson, France, and others with conspiring to make false statements to a licensed firearms dealer, in violation of 18 U.S.C. § 371; making false statements to licensed firearms dealers, in violation of 18 U.S.C. § 922(a)(6) and 2; and knowingly causing the United States Postal Service to fail to file a required export declaration form by failing to declare that

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they were exporting firearms and firearms parts, in violation of 13 U.S.C. § 305 (Doc. 1). The indictment also charges Tyson with being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). (Id.).

More specifically, count one -the conspiracy count - charges that, from approximately February 2018 through at least November 2018, Tyson, France, and five other codefendants conspired to make false statements to licensed firearms dealers when purchasing firearms. (Id.). The indictment asserts that France and her codefendants unlawfully purchased firearms in the Northern District of Georgia for Tyson, and, when doing so, completed ATF forms on which they falsely attested that they were the actual buyers of the firearms when, in reality, they were purchasing the firearms for Tyson. (Id. at 2). Once France and her codefendants purchased the firearms, they gave them to Tyson. (Id. at 3). The remaining counts charged substantive firearms offenses as follows:

• Counts Two through Four, charged that, on September 1 2018, September 10, 2018, and September 24, 2018 respectively, France and Tyson knowingly made false statements to licensed firearm dealers representing that France was the actual transferee and buyer of the firearms when, in fact, Tyson was, in violation of 18 U.S.C. § 922(a)(6) and 2

• Counts Five through Eight, Count Eleven, and Count Thirteen charged that, on September 29, 2018, October 4 2018, October 5, 2018, October 5, 2018, November 13, 2018, and November 14, 2018, respectively, Tyson and certain codefendants knowingly made false statements to licensed firearm dealers representing

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that the codefendants were the actual transferees and buyers of the firearms when, in fact, Tyson was, in violation of 18 U.S.C. § 922(a)(6) and 2.

• Count Nine charged that, on October 7, 2018, Tyson and a codefendant knowingly caused Spirit Airlines to fail to file a Shipper's Export Declaration in that they failed to notify the company that the codefendant had unlawfully carried a firearm on board a flight, in violation of 13 U.S.C. § 305 and 18 U.S.C. § 2.

• Counts Ten and Twelve charged that, on November 10, 2018 and November 13, 2018, respectively, Tyson and France knowingly caused the United States Postal Service to fail to file a Shipper's Export Declaration in that they failed to declare that firearms and firearms parts were being exported in shipments from the United States to the U.S. Virgin Islands, in violation of 13 U.S.C. § 305 and 18 U.S.C. § 2.

• Count Fourteen charged that, on November 14, 2018, Tyson knowingly caused the United States Postal Service to fail to file a Shipper's Export Declaration in that he failed to declare that firearms and firearms parts were being exported in a shipment from the United States to the U.S. Virgin Islands, in violation of 13 U.S.C. § 305 and 18 U.S.C. § 2.

• Count Fifteen charged that, on November 14, 2018, Tyson unlawfully possessed a firearm as a convicted felon, in violation of 18 U.S.C. § 922(g)(1).

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(Doc. 1).

France was arraigned on May 31, 2019. (Doc. 70). In October 2019, she filed a motion to suppress evidence seized from a warrantless border search of five packages mailed from the United States to the Virgin Islands (in which there were firearms and firearms parts), (docs. 121, 152, 153), and a motion to suppress data obtained from her cell phone, (doc. 135). On May 4, 2020, United States Magistrate Judge Alan J. Baverman recommended that France's motion to suppress the warrantless border search of the postal packages, (docs. 121, 152, 153), be denied. (Doc. 170). On June 4, 2020, the District Judge adopted Judge Baverman's Report and Recommendation and denied France's motion to suppress evidence seized from the warrantless border search. (Doc. 178). With respect to France's motion to suppress data obtained from her cell phone, (doc. 135), Judge Baverman noted that he would hold an evidentiary hearing on the matter. (Doc. 170). But, on March 4, 2021, after the District Judge denied France's motion to suppress the warrantless border search, and before Judge Baverman held an evidentiary hearing on France's motion to suppress data obtained from her cell phone, the parties alerted the Court that the case could be certified ready for trial. (Doc. 209). France's motion to suppress the cell phone search was thus deemed withdrawn, and the case certified. (Id.). Approximately eight months later, on November 1, 2021, France filed a motion seeking to de-certify the case against her so that she could proceed on a motion to dismiss Counts Ten and Twelve. (Doc. 265). The District Judge granted the motion to de-certify, (doc. 271), and remanded the case for the Magistrate Judge to rule on France's newly filed motion to dismiss counts, (doc. 266). Thus, the only motion now pending

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before this Court with respect to France is her motion to dismiss counts, (doc. 266).

Tyson was arraigned on March 3, 2021. (Doc. 211). On August 12, 2021, he filed three motions: (1) a motion to dismiss Counts Ten, Twelve, and Fourteen, (doc. 251); (2) a motion to sever Count Fifteen, (doc. 253); and (3) a motion to suppress evidence seized from 41 Estate Caret Bay in the Virgin Islands, (doc. 252). On November 10, 2021, the Magistrate Judge held an evidentiary hearing on Tyson's motion to suppress evidence, (doc. 252). (Doc. 269). Subsequently, on November 24, 2021, Tyson filed a motion to adopt France's previously filed motion to suppress evidence seized from the warrantless border search, (doc. 277), and on December 28, 2021, the Magistrate Judge granted that motion. (Docs. 284, 285).

In sum, the following motions are presently before the Court and are addressed in this Report and Recommendation: (1) France and Tyson's motions to dismiss Counts Ten, Twelve, and Fourteen, (docs. 251, 266); (2) Tyson's motion to sever Count Fifteen, (doc. 253); (3) Tyson's motion to suppress evidence seized from 41 Estate Caret Bay, (doc. 252); and (4) Tyson's adopted motion to suppress the warrantless border search that was previously litigated by France. Each is discussed in turn below.

FACTS

This case involves a parallel investigation conducted in the Northern District of Georgia and the District of the U.S. Virgin Islands where the defendants are alleged to have illegally purchased firearms in Georgia and transferred those firearms and firearms parts to the U.S. Virgin Islands. (See Doc. 1; Doc. 269 at 8).

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A. Tyson and France's Prosecution in the District of the Virgin Islands

On October 17, 2019, a federal grand jury sitting in the District of the Virgin Islands returned a ten-count indictment against both Tyson and France. (See United States v. Shawn Tyson and Natasha Natile France, D. VI., Docket 3:19-CR-00009-RAM-RM (“D. VI. Doc.”). Specifically, the indictment charged both with violating 18 U.S.C. §§ 922, 924, and 1715 as follows:

• Count One charged that, on December 13, 2018, Tyson illegally possessed certain machine guns, in violation of 18 U.S.C. § 922(o) and 924(a)(2).

• Count Two charged that, on December 13, 2018, Tyson illegally possessed certain ammunition, in violation of 18 U.S.C. § 922(g)(1) and 924(a)(2).

• Counts Three and Four charged that, on November 10, 2018 and November 13, 2018, respectively, France, who is not a licensed firearms dealer, illegally transferred firearms to Tyson, also not a firearms dealer, knowing that Tyson did not reside in Georgia, in violation of 18 U.S.C. § 922(a)(5) and 924(a)(1)(D).

• Counts Five, Six, and Seven charged that, on November 10, 2018, November 13, 2018, and November 14, 2018, respectively, Tyson and France knowingly caused to be mailed firearms parts declared not mailable, in violation of 18 U.S.C. § 1715 and 2.

• Counts Eight, Nine, and Ten charged that, on November 10, 2018, November 13, 2018, and November 14, 2018, respectively, Tyson and France knowingly delivered to a contract carrier for transportation and shipment in commerce a package containing firearms without giving

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written notice to the carrier that firearms were being transported, in violation of 18 U.S.C. § 922(e) and 2.

(D. VI. Doc. at 96).

On December 17, 2019, France pleaded guilty to all of the counts against her - Counts Three through Ten. (Id. at 132). Tyson, however, proceeded to a jury trial. (Id. at 121-123, 129). At trial, Tyson did not dispute that the events happened, but argued that the...